Jurisdiction: Schenectady Supreme Court, New York
Defendant Fives Giddings & Lewis were sued in New York by plaintiff McCune, based on the allegation that their machinery exposed him to asbestos. Mr. McCune filed this lawsuit May 13, 2024, seeking to recover damages for personal injuries related to his exposure to asbestos from various asbestos-containing products. Plaintiff was diagnosed with lung cancer in July 2023.
Fives Giddings & Lewis brought a motion for summary judgment on personal jurisdiction. Defendant’s argument was that plaintiff’s alleged exposure to their product occurred in Massachusetts and that they are not incorporated in New York, nor was its principal place of business in New York.
Plaintiff’s argument was that jurisdiction was proper based on the transaction of business in New York. Plaintiff testified that the machinery he worked on was transported to Massachusetts from New York and defendant’s prior brands had significant physical presence in New York.
The court denied the motion, determining that Fives Giddings & Lewis failed to meet its burden of proof to support the motion based on the plaintiff’s testimony.
Read the full decision here.
